Beale v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the common pleas of JWifflin county. The Commonwealth of Pennsylvania for the. use of the Juniata Bank of Pennsylvania against John Beale administrator of William Beale deceased. This was an actionof debt upon theofficial recognizance of Thomas Beale sheriff of Mifflin county, in which the defendant’s intestate was a surety.
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ERROR to the common pleas of JWifflin county. The Commonwealth of Pennsylvania for the. use of the Juniata Bank of Pennsylvania against John Beale administrator of William Beale deceased. This was an actionof debt upon theofficial recognizance of Thomas Beale sheriff of Mifflin county, in which the defendant’s intestate was a surety. The defendant pleaded payment with leave, &c.; and also specially, “that William Beale, Esq., defendant’s testator, died on the 28th day of October in the year 1820; and that this suit was commenced in this court on the 20th day of December in the year 1821. “And…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Some of the exceptions to evidence stand on principles which come up again on exceptions to the charge; but as it is equally convenient to dispose of them here, I begin with them. *186Of this number is the exception to proof of payments to the sheriff after return of fieri facias, which, it is said, terminales his authority for the time; and that, in this case, his receipt of the debt was an unofficial act. The goods, however, remain in his custody and power to sell them, notwithstanding; and it is necessary that the debtor be at liberty to…
2Cases cited2 opinions
- Armstrong v. City of LancasterSupreme Court of Pennsylvania · 1836
- Beale's Executors v. Commonwealth ex rel. WorrellSupreme Court of Pennsylvania · 1824
3Cited by14 opinions
- Commonwealth v. McCoySupreme Court of Pennsylvania · 1839
- Smith v. Commonwealth ex rel. McGarvySupreme Court of Pennsylvania · 1868
- Appeal of St. Joseph's Orphan AsylumSupreme Court of Pennsylvania · 1861
- Nash v. MuldoonNevada Supreme Court · 1882
- Pontius v. CommonwealthSupreme Court of Pennsylvania · 1842
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